THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO
PART 2
POWERS, PRIVILEGES AND PROCEDURE OF PARLIAMENT
POWER TO MAKE LAWS
53.- Parliament may make laws for the peace, order and good government of Trinidad and Tobago, so however that the provisions of this Constitution or (in so far as it forms part of the law of Trinidad and Tobago) the Trinidad and nidad and Tobago Independence Act, 1962 of the United Kingdom may not be altered except in accordance with the provisions of section 54.
ALTERATION OF THIS CONSTITUTION
54.- 1. Subject to the provisions of this section, Parliament may alter any of the provisions of this Constitution or (in so far as it forms part of the law of Trinidad and Tobago) any of the provisions of the Trinidad and Tobago Independence Act, 1962.
2. In so far as it alters-
a. section 4 to 14, 20(b), 21, 43(1), 53, 58, 67(2), 70, 83, 101, to 108, 110, 113, 116 to 125 and 133 to 137; or
b. section 3 in its application to any of the provisions of this Constitution specified in paragraph (a),
a Bill for an Act under this section shall not be passed by Parliament unless at the final vote thereon in each House it is supported by the votes of not less than two-thirds of all the members of each House.
3. In so far as it alters-
a. this section;
b. sections 22, 23, 24, 26, 28 to 34, 38 to 40, 46, 49(1), 51, 55, 61, 63, 64, 68, 69, 71, 72, 87 to 91, 93, 96(4) and (5), 97, 109, 115, 138, 139 or the Second and Third Schedules;
c. section 3 in its application to any of the provisions specified in paragraph (a) or (b); or
d. any of the provisions of the Trinidad and Tobago Independence Act, 1962,
a Bill for an Act under this section shall not be passed by Parliament unless it is supported at the final vote thereon-
i. in the House of Representatives by the votes of not less than three-fourths of all the members of the House; and
ii. in the Senate by the votes of not less than two-thirds of all the members of the Senate.
4. For the purposes of subsections (2) and (3) the number of members of the Senate shall, even though circumstances requiring the appointment of temporary members in accordance with section 44(1) have arisen, continue to be the number of members specified in section 40(1).
5. No Act other than an Act making provision for any particular case or class of case, inconsistent with provisions of this Constitution, not being those referred to in subsections (2) and (3), shall be construed as altering any of the provisions of this Constitution, or (in so far as it forms part of the law of Trinidad and Tobago) any of the provisions of the Trinidad and Tobago Independence Act, 1962, unless it is stated in the Act that it is an Act for that purpose.
6. In this section references to the alteration of any of the privisions of this Constitution or the Trinidad and Tobago Independence Act, 1962, include references to repealing it, with or without re-enactment thereof or the making of different provisions in place thereof or the making of provision for any particular case or class of case inconsistent therewith, to modifying it and to suspending its operation for any period.
PRIVILEGES AND IMMUNITIES OF PARLIAMENT
55.- 1. Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Senate and House of Representatives, there shall be freedom of speech in the Senate and House of Representatives.
2. No civil or criminal proceedings may be instituted against any member of either House for words spoken before, or written in a report to, the House of which he is a member or in which he has a right of audience under section 62 or a committee thereof or any joint committee or meeting of the Senate and House of Representatives or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise; or for the publication by or under the authority of either House of any report, paper, votes or proceedings.
3. In other respects, the powers, privileges and immunities of each House and of the members and the committees of each House, shall be such as may from time to time be prescribed by Parliament after the commencement of this Constitution and until so defined shall be those of the House of Commons of the Parliament of the United Kingdom and of its memebers and committees at the commencement of this Constitution.
4. A person called to give any evidence before either House or any committee shall enjoy the same privileges and immunities as a member of either House.
REGULATION OF PROCEDURE IN EACH HOUSE
56.- 1. Subject to the privisions of this Constitution, each House may regulate its own procedure.
2. Each House may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets after the commencement of this Constitution or after any disolution of Parliament), and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.
OATH OF ALLEGIANCE
57.- No member of either House shall take part in the proceedings of that House (other than proceedings necessary for the purposes of this section) until he has made and subscribed before that House the oath of allegiance, so however, that the election of a Speaker and Deputy Speaker of the House of Representatives and the election of a President of the Senate and Vice-President of the Senate may take place before the members of the House of Representatives, or the members of the Senate, as the case may be, have made and subscribed such oath.
PRESIDING IN SENATE AND HOUSE OF REPRESENTATIVES
58.- 1. The President of the Senate or, in his absence, the Vice-President of the Senate or, where they are both absent, a Senator, not being a Minister or a Parliamentary Secretary, elected by the Senate for that sitting shall preside at each sitting of the Senate.
2. The Speaker or, in his absence, the Deputy Speaker or, where they are both absent, a member of the House of Representatives, not being a Minister or a Parliamentary Secretary, elected by the House for that sitting shall preside at each sitting of the House.
3. References in this section to circumstances in which the President of the Senate or Vice-President of the Senate, Speaker or Deputy Speaker is absent include references to circumstances in which the office of President of the Senate or Vice-President of the Senate, Speaker or Deputy Speaker is vacant.
VOTING
59.- 1. Save as otherwise privided in this Constitution, all questions proposed for decision in either House shall be determined by a mojority of the vores of the members thereof present and voting.
2. The President of the Senate or other member presiding in the Senate shall not vote unless on any question the votes are equally divide, in which case he shall have and exercise a casting vote.
3. The Speaker or other member presiding in the House of Representatives shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote.
QUORUM
60.- 1. A quorum of the House of Representatives shall consist of twelve members of the House and a quorum of the Senate shall consist of ten Senators, so however that the person presiding at the sitting of either House shall not be included inreckoning whether there is a quorum of that House present.
2. Where at any sitting of either House any member of the House who is present draws the attention of the person presiding at the sitting of the absence of a quorum and, after such interval as may be prescribed by that House, the person presiding at the sitting ascertains that a quorum of the House is still not present the House shall be adjourned.
MODE OF EXERCISING LEGISLATIVE POWER
61.- 1. Subject to the provisions of this Constitution, the power of Parliament to make laws shall, except where otherwise authorised by statute, be exercised by Bills passed by the House of Representatives and the Senate and assented to by the President.
2. When a bill is presented to the President for assent, he shall signify that he assents or that he withholds assent.
3. A Bill shall not become law unless it has been duly passed and assented to in accordance with this Constitution.
4. A Bill may be assented to during the period occurring between the end of one session of Parliament and the beginning of the next or at any subsequent time during the life of that Parliament.
ATTENDANCE OF MINISTERS IN EITHER HOUSE
62.- 1. A Minister who is a Member of the House of Representatives and a Minister who is a Senator-
a. has the right to attend any sitting of the Senate or the House of Representatives, respectively,
b. may be required at the instance of the President of the Senate or the Speaker to attend any sitting of Senate or the House of Representatives, respectively.
2. A Minister may not be required to attend any sitting of either House under subsection 1(b) except on the adoption by that House of a motion for the purpose.
3. A Minister attending any sitting of the Senate or the House of Rerpesentatives under subsection (1) may take part in any debate or other proceedings concerning matters falling within his portfolio in such House and may speak on any motionbefore the House concerning such matters and move amendments to any such motions, save that such a Minister shall have no vote thereon.
4. Nothing in this section shall preclude the Attorney General from attending any sitting of the Senate or the House of Representatives, as the case may be, and taking part in debetes and other proceedings and speaking on any motion before any such House, as the case may be, and moving amendments to any such motions even though the matter falls within the portfolio of some other Minister.
INTRODUCTION OF BILLS, ETC.
63.- 1. A Bill other than a Money Bill may be introduced in either House; a Money Bill shall not be introduced in the Senate.
2. Except on the recommendation or with the consent of the Cabinet neither House shall-
a. proceed upon any Bill, including any amendment to a Bill, which, in the opinion of the person presiding, makes provision for any of the following purposes-
i. for imposing or increasing any tax;
ii. for imposing or increasing any charge on the revenues or other funds of Trinidad and Tobago or for altering any such charge otherwise than by reducing it; or
iii. for compounding or remitting any debt due to Trinidad and Tobago;
b. proceed upon any motion, including any amendment to a motion, the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes aforesaid; or
c. receive any petition which, in the opinion of the person presiding, requests that provisions be made for any of the purposes aforesaid.
RESTRICTIONS ON POWERS OF SENATE AS TO MONEY BILLS
64.- 1. Where a Money Bill, having been passed by the House of Representatives and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to the Senate, the Bill shall, unless the House of Representatives otherwise resolves, be presented to the President for assent notwithstanding that the Senate has not consented to the Bill.
2. There shall be endorsed on every Money Bill when it is sent to the Senate the certificate of the Speaker signed by him that it is a Money Bill; and there shall be endorsed on any Money Bill that is presented to the President for assent in pursuance of subsection (1), the certificate of the Speaker signed by him that it is a Money Bill and that the provisions of that subsection have been complied with.
RESTRICTIONS ON POWERS OF SENATE AS TO BILLS OTHER THAN MONEY BILLS
65.- 1. Where any Bill other than a Money Bill is passed by the House of Representatives in two successive sessions, whether or not Parliament is dissolved between those sessions, and, having been sent to the Senate in each of those session at least one month before the end of the session, is rejected by the Senate in each of those sessions that Bill shall, on its rejection for the second time by the Senate, unless the House of Representatives otherwise resolves, be presented to the President for assent notwithstanding that the Senate has not consented to the Bill.
2. Nothing in subsection (1) shall have effect until at least six months have elapsed between the date on which the Bill is passed by the House of Representatives in the first session and the date on which it is passed by that House in the second session.
3. For the purposes of this section a Bill that is sent to the Senate from the House of Representatives in any session shall be deemed to be the same Bill as a former Bill sent to the Senate in the preceding session if, when it is sent to the Senate, it is identical with the former Bill or contains only such alterations as are certified by the Speaker to be necessary owing to the time that has elapsed since the date of the former Bill or to represent any emendments which have been made by the Senate in the former Bill in the preceding session.
4. The House of Representatives may, if it thinks fit, on the passage through that House of a Bill that is deemed to be the same Bill as a former Bill sent to the Senate in the preceding session, suggest any amendments without inserting the amendments in the Bill, and any such amendments shall be considered by the Senate, and, if agreed to by the Senate, shall be treated as amendments made by the Senate and agreed to by the House of Representatives; but the exercise of this power by the House of Representatives shall not affect the operation of this section in the event of the rejection of the Bill in the Senate.
5. For the purposes of this section a Bill shall be deemed to be rejected by the Senate where-
a. it is not passed by the Senate without amendments; or
b. it is passed by the Senate with any amendment that is not agreed to by the House of Representatives.
6. There shall be inserted in any Bill that is presented to the President for assent in pursuance of this section any amendments that are certified by the Speaker to have been made in the Bill by the Senate in the second session and agreed to by the House of Representatives.
7. There shall be endorsed on any Bill that is presented to the President for assent in pursuance of this section the certificate of the Speaker signed by him that the provisions of this section have been complied with.
8. The provisions of this section shall not apply to a Bill for an Act which is required by section 13 or section 54 to be supported at the final vote thereon in the Senate by the votes of not less than three-fifths or two-thirds respectively of all the members of the Senate.
PROVISIONS RELATING TO SECTION 63, 64 AND 65
66.- 1. In sections 63, 64 and 65 "Money Bill2 means a public Bill which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters, namely:-
a. the imposition, repeal, remission, alteration or regulation of taxation;
b. the imposition, for the payment of debt or other financial purposes, of charges on public money or the variation or repeal of any such charges;
c. the grant of money to the State or to any authority or person, or the variation or revocation of any such grant;
d. the appropriation, receipt, custody, investment, issue or audit of accounts of public money;
e. the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or
f. subordinate matters incidental to any of the matters referred to in this subsection.
2. In subsection (1) the expressions "taxation", "debt", "public money" and "loan" do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes.
3. Where the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred upon him by section 64 or 65 or subsection (1) that function may be performed by the Deputy Speaker.
4. A certificate of the Speaker or the Deputy Speaker under section 64 or 65 shall be conclusive for all purposes and shall not be questioned in any court.
5. Before giving any certificate under section 64 or 65 the Speaker or the Deputy Speaker, as the case may be, shall consult the Attorney General or, if the Attorner General is absent from the seat of government, such legal officer in the Ministry of Legal Affairs as the Attorney General may designate for that purpose.
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